38418 Federal Register / Vol. 86, No. 137 / Wednesday, July 21, 2021 / Rules and Regulations 

Atlantic highly migratory species in 

these areas. 

* * * * * 

(2) Within the Madison and Swanson 

sites and Steamboat Lumps: Fishing is 

prohibited year-round; possession of 

Gulf reef fish is prohibited year-round 

except when such possession is on a 

vessel that has been issued a valid 

Federal commercial permit for Gulf reef 

fish, has an operating satellite-based 

VMS unit, and is in transit with fishing 

gear stowed as specified in paragraph 

(a)(4) of this section; and possession of 

any non-Gulf reef fish species is 

prohibited year-round, except for such 

possession on a vessel in transit with 

fishing gear stowed as specified in 

paragraph (a)(4) of this section. 

(3) Within the Edges during January 

through April each year, all fishing is 

prohibited and the possession of any 

fish species is prohibited, except for 

such possession on a vessel in transit 

with fishing gear appropriately stowed 

as specified in paragraph (a)(4) of this 

section. 

* * * * * 

[FR Doc. 2021–15202 Filed 7–20–21; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 210217–0022; RTID 0648– 

XB231] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Sablefish in the 

Bering Sea Subarea of the Bering Sea 

and Aleutian Islands Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting retention 

of non-Community Development Quota 

(CDQ) sablefish by vessels using trawl 

gear in the Bering Sea subarea of the 

Bering Sea and Aleutian Islands 

management area (BSAI). This action is 

necessary because the 2021 non-CDQ 

sablefish initial total allowable catch 

(ITAC) in the Bering Sea subarea of the 

BSAI will be reached. 

DATES: Effective 1200 hours, Alaska 

local time (A.l.t.), July 17, 2021, through 

2400 hours, A.l.t., December 31, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Steve Whitney, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI according to the Fishery 

Management Plan for Groundfish of the 

Bering Sea and Aleutian Islands 

Management Area (FMP) prepared by 

the North Pacific Fishery Management 

Council under authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act. 

Regulations governing fishing by U.S. 

vessels in accordance with the FMP 

appear at subpart H of 50 CFR part 600 

and 50 CFR part 679. 

The 2021 non-CDQ sablefish trawl 

ITAC in the Bering Sea subarea of the 

BSAI is 1,443 metric tons (mt) as 

established by the final 2021 and 2022 

harvest specifications for groundfish in 

the BSAI (86 FR 11449, February 25, 

2021). In accordance with 

§ 679.20(d)(2), the Administrator, 

Alaska Region, NMFS (Regional 

Administrator), has determined that the 

2021 non-CDQ sablefish trawl ITAC in 

the Bering Sea subarea of the BSAI will 

soon be reached. Therefore, NMFS is 

requiring that non-CDQ sablefish caught 

with vessels using trawl gear in the 

Bering Sea subarea of the BSAI be 

treated as prohibited species in 

accordance with § 679.21(b). 

Classification 

NMFS issues this action pursuant to 

section 305(d) of the Magnuson-Stevens 

Act. This action is required by 50 CFR 

part 679, which was issued pursuant to 

section 304(b), and is exempt from 

review under Executive Order 12866. 

Pursuant to 5 U.S.C. 553(b)(B), there 

is good cause to waive prior notice and 

an opportunity for public comment on 

this action, as notice and comment 

would be impracticable and contrary to 

the public interest, as it would prevent 

NMFS from responding to the most 

recent fisheries data in a timely fashion 

and would delay the prohibited 

retention of non-CDQ sablefish by 

vessels using trawl gear in the Bering 

Sea subarea of the BSAI. NMFS was 

unable to publish a notice providing 

time for public comment because the 

most recent, relevant data only became 

available as of July 15, 2021. 

The AA also finds good cause to 

waive the 30-day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: July 16, 2021. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2021–15537 Filed 7–16–21; 4:15 pm] 

BILLING CODE 3510–22–P 


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